legislation > NATaT Report > Washington Report Archives > August 2006
NATaT Washington Report
August 3, 2006
The “NATaT Washington Report” is a monthly e-mail newsletter that provides timely information to town and township officials on the legislative, regulatory, funding, and policy decisions in Washington that could affect your communities. The Washington Report focuses on NATaT’s primary issues including federal domestic funding, telecommunications, and local first responders, as well as a variety of other important federal issues. The Washington Report is produced by NATaT’s federal representative in Washington, The Ferguson Group. For more information on the legislation described in this report, see http://thomas.loc.gov/ or contact The Ferguson Group. Contact NATaT federal director Jennifer Imo at 866.830.0008 or jimo@tfgnet.com for more information.
The August 2006 Washington Report Contains Summaries of the Following Issues:
And Other Federal Issues of Note:
Telecommunications
On June 28th, the Senate Commerce, Science and Transportation Committee approved its version of the telecommunications bill. The House passed its much narrower version of the bill in early June.
Floor time for the Senate bill has not yet been scheduled and will not occur until the 60 votes needed to overcome any “holds” placed on the bill are obtained.
Key members of the Senate Commerce, Science and Transportation Committee have advised The Ferguson Group that the pending federal telecom overhaul legislation is highly unlikely to advance in the remaining days of the 109th Congress, meaning Congress would have to deal with this issue in the 110th Congress.
Local government organizations and associations are united in their opposition to this version of proposed telecommunications reform, because it does not contain adequate provisions ensuring that local governments will maintain full control over their local rights of way, and maintain their long-standing local franchise authority to derive appropriate revenue and other benefits from telecommunications companies operating in their communities. Small towns and townships have the additional concern that this proposed law does not require build-out of telecommunications infrastructure in rural, small, and under-served communities. NATaT joins with the U.S. Conference of Mayors, the National League of Cities and other organizations in calling for major improvements to this proposed act before it moves forward.
Appropriations and Budget
The House of Representatives passed all but one of the annual spending measures before its month-long August recess, which began on July 31st. Passage of the Labor, Health and Human Services, Education Appropriations bill is stalled in part due to a minimum wage amendment tacked on by House appropriators. House Majority Leader John A. Boehner (R-OH) has said that he would not promise a vote before the November elections.
The Senate passed its version of the Homeland Security Appropriations bill, and may take up its version of the Defense Appropriations bill before it adjourns for recess on August 4th. Congressional Appropriations staff surmise that only Defense and Homeland Security will be conferenced and signed into law before the November elections. With Congress failing to pass all of its spending measures before the October 1st start of the fiscal year, Congress will have to pass a stopgap funding measure to extend funding for the remainder of the government past the November elections. Leadership in both the House and Senate have indicated that it could take the remainder of the calendar year to complete FY 2007 appropriations legislation, and that several bills could potentially be consolidated into an “omnibus consolidated appropriations” bill in order to complete the process.
These federal appropriations bills include funding for hundreds of domestic programs that support agriculture, rural development, small business, economic development, public safety and criminal justice, education, energy, water resources, environmental protection, health and human services, housing, community development, job training, transportation infrastructure, and other issues that are vitally important to town governments. Nearly 100 programs are “earmarked” for projects in local communities. The federal budget is under substantial pressure, and many domestic funding programs have been proposed for elimination by the President and some congressional members. Copies of current drafts of federal appropriations bills can be viewed at http://thomas.loc.gov/home/approp/app07.html.
Housing and Urban Development
On July 20th, the Senate Appropriations Committee marked up its version of the FY 2007 Transportation, Treasury, Judiciary, Housing and Urban Development and Related Agencies Appropriations (TTHUD) bill. In contrast to the House passed bill, the Senate increased FY 2007 public housing and community development funding and addressed major flaws in HUD’s asset management plan.
Although the Administration had proposed to cut the Community Development Block Grant Program (CDBG) by $1.2 billion, the Senate provided $4.2 billion, with $4.1 billion allocated to CDBG formula grants. The Committee also increased formula funding approximately $30 million over the FY 2006 formula funding level of $3.8 billion. In June, the House appropriated $4.2 billion for CDBG overall, with $3.9 billion allocated to formula grants.
The Senate provided $1.9 billion for the HOME Investment Partnerships Program, with $25 million for the American Dream Down Payment Initiative (ADDI) that provides low-income first-time homebuyers with down payment assistance. The House also provided $1.9 billion for HOME, with $24.7 million for ADDI. In FY 2006, HOME received $1.8 billion overall, with ADDI receiving $25 million. Additionally, the Senate bill provides $1.5 billion for homeless assistance grants. The House also provided $1.5 billion; an increase of $200 million above last year’s enacted funding level of $1.3 billion. The HOPE VI public housing program was funded by the Senate Appropriations Committee at $100 million, while the House provided $30 million. Both the House and Senate provide increases above the FY 2006 enacted levels for programs to provide housing to the elderly, persons with disabilities, and persons with AIDS.
The Senate measure addresses flaws in HUD’s asset management plan with language that would prevent HUD from placing restrictions on the usage of public housing capital funds and favorably address issues concerning the new operating fund formula and its impact on Housing Authorities. The Senate will take up its FY 2007 TTHUD bill on the floor after the August recess.
Towns and townships generally do not receive an entitlement to annual CDBG funding for economic development projects. NATaT encourages localities to review the criteria of the proposed CDBG Reform Act and to consider what type of block grant criteria could maximize CDBG funding to small communities experiencing distress and need. The proposal is at http://www.hud.gov/content/releases/2006-05-25cdbg.cfm.
Transportation
On July 20th, the Senate Appropriations Committee approved its version of the FY 2007 appropriations bill for the Department of Transportation and other agencies. The bill fully funds the spending levels for surface transportation spending programs set forth in the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). Specifically, H.R. 5576 contains $67.8 billion in total gross budgetary resources for the Department of Transportation for FY 2007. This figure is $400 million more than the House passed bill and $1.2 billion more than last year’s spending bill.
Funding for rural roads and bridges is critical to most NATaT communities. NATaT calls on Congress to provide adequate funding both for projects authorized in SAFETEA-LU, but also for other local transportation projects that are needed for public safety and economic vitality in America’s towns and townships.
Homeland Security
Homeland Security Appropriations
The FY 2007 Homeland Security Appropriations bill could potentially become the first FY 2007 appropriations bill to be passed by Congress before the November elections. The Senate approved its bill on July 13th. The House and Senate are not far apart on program funding levels or major policy, which should make for a quick conference.
Interoperable Communications Legislation
On July 25th, the House passed H.R. 5852, the 21st Century Emergency Communications Act. The bill would create an emergency communications office at the Department of Homeland Security (DHS) to oversee national improvements in radio interoperability for First Responders. H.R. 5852 would authorize by statute the SAFECOM program, which provides funding for interoperable communication equipment. It would also give DHS the power to deny the use of homeland security grants for interoperability efforts if state and local governments do not submit proper plans or do not meet voluntary equipment standards. During floor debate, many Members complained that the bill would be ineffective if Congress does not adequately fund the programs it authorizes.
The Senate is expected to mark up a separate bill that would enact a host of emergency response overhauls, including the creation of a new emergency communications office.
Towns need interoperable telecommunications equipment so that first responders, including police, fire and emergency services personnel can communicate effectively with each other as they protect public safety. However, major federal funding support should be provided for this expense, particularly if Congress plans to impose more mandates on localities for the implementation of interoperability plans and requirements. NATaT supports approaches that provide additional grant funding to all communities, including small towns, for these needs.
Federal Emergency Management Agency (FEMA) Overhaul
The House of Representatives continues its stalemate over the scope of efforts to reform the Federal Emergency Management Agency (FEMA). House Transportation and Infrastructure Chairman Don Young (R-AK) and Homeland Security Subcommittee on Emergency Preparedness Chairman David Reichert (R-WA) continue to resolve differences in their respective FEMA reform bills. House leadership did signal that Chairman Young’s bill would be the primary vehicle for reform, but Chairman Reichert has been working with him to include as many provisions from his bill as possible. In the Senate, Homeland Security and Government Affairs Committee Chair Susan Collins (R-ME) and Ranking Member Joseph Lieberman (D-CT) continue to seek support from additional Senators on their own version of FEMA reform. Their bill takes a similar approach to Chairman Reichert’s bill, and would create an Emergency Management Authority with independent, autonomous status in DHS, similar to the way the Coast Guard is structured. Senate Majority Leader Bill Frist (R-TN) has told Chairman Collins and Ranking Member Lieberman that he would not schedule floor time for their bill unless they would secure commitments from at least 60 Senators, to assure quick passage.
Towns and townships continue to have major needs for emergency preparedness and first responders, particularly with respect to local firefighting and infrastructure security needs. NATaT urges Congress to maintain adequate funding for local firefighting and first responder grants, and to direct the Department of Homeland Security to provide such grants in a manner that recognizes the real needs of small communities struggling with local first responder capacity issues.
Public Service Volunteers
Supporting Emergency Responders Volunteer Efforts Act of 2005 or the SERVE Act of 2005
In early 2005, Representative Maurice Hinchey (D-NY) and Senator Charles Schumer (D-NY) each introduced the Supporting Emergency Responders Volunteer Efforts Act of 2005 or the SERVE Act of 2005 (H.R. 934/S. 625). With bipartisan support, the bill would amend the Internal Revenue Code of 1986 to allow a $1,000 refundable credit for individuals who are bona fide volunteer members of volunteer firefighting and emergency medical service organizations. H.R. 934 also prorates the credit for part-year active members. This $1,000 annual tax credit for active members would serve as an important recruitment and retention tool.
H.R. 934 is pending before the House Ways and Means Committee, while S. 625 is pending before the Senate Finance Committee. This measure will not likely pass this year, but may be reintroduced in the 110th Congress.
H.R. 5607, Volunteer Firefighter and Emergency Medical Service Incentive Act of 2006
On June 14th, Representative Randy Kuhl (R-NY) introduced the Volunteer Firefighter and Emergency Medical Service Incentive Act of 2006 (H.R. 5607). (Representative Kuhl is also a co-sponsor of the SERVE Act detailed above.) The bill allows for a $2,000 refundable federal tax credit for individuals who are active members of volunteer fire departments and emergency medical service organizations. The tax credit will help localities retain volunteers while providing an incentive for recruiting future volunteers. In order to be eligible for the credit, an individual must be an active member of a qualified volunteer fire department at all times during the taxable year.
Currently, this legislation has no cosponsors and is pending before the House Ways and Means Committee.
H.R. 5355, Volunteer Firefighter Recruitment and Retention Act of 2006
On May 11th, Representative Melissa Hart (R-PA) introduced the Volunteer Firefighter Recruitment and Retention Act of 2006 (H.R. 5355). The legislation amends the Internal Revenue Code of 1986 to allow volunteer firefighters with eight or more years of service to receive a $1,500 tax credit. A volunteer who has completed three or more years of service will receive a $1,000 tax credit.
This legislation is pending before the House Ways and Means Committee and has no cosponsors.
Volunteer firefighters are integral to public safety in towns and townships. NATaT strongly supports these proposed laws, introduced by congressional members from NATaT member states, that would provide appropriate incentives and protections for the men and women who volunteer to serve their local communities through volunteer fire companies.
OTHER FEDERAL ISSUES OF NOTE:
Eminent Domain: Regulatory Takings
On July 12th, the House Judiciary Committee passed H.R. 4772, Private Property Rights Implementation Act of 2005. This bill makes both substantive and procedural changes in the current takings law.
Procedurally, the bill allows landowners to challenge government attempts to take their property under eminent domain in federal court, bypassing state courts, as well as state procedures for awarding compensation in appropriate cases. The bill would also allow developers to challenge local and state governments in federal court over any adverse “definitive” decisions or conditions they impose on a proposed development.
Substantively, the bill includes a section for clarification of various requirements for establishing constitutional violations. For example, the bill redefines the parcel-as-whole rule under which courts analyze the owner’s entire property in certain takings cases. The bill states that each “lot” in a subdivision is the only relevant parcel for takings purposes if the lot is treated as an “individual property unit” under state law. However, in many cases, multiple lots are considered a parcel for takings purposes. The bill also changes the test that courts use evaluating substantive due process challenges concerning property rights disputes. The proposed test substantially lowers the bar.
Disputes involving local planning issues should be resolved at the local level, and if not resolved locally, should be handled in state courts. Enactment of H.R. 4772 would impose a major new, unfunded financial burden on local governments, both in terms of added litigation expenses and potential damages awards. By both expanding the scope of municipal liability and creating many new questions about the extent of local government liability, the bill would significantly interfere with local officials’ ability to deal with local land use and serve their communities. (In 1998 and 2000, NATaT wrote letters of opposition to similar bills.)
Environment and Natural Resources
Water Resources Development Act
On July 19th, the Senate passed its version of H.R. 2864, the Water Resources Development Act (WRDA). The chamber passed the House bill after inserting substitute text based on the Senate’s WRDA bill, S. 728. The Senate-passed version of H.R. 2864 includes hundreds of authorizations for Corps projects, including flood protection, navigation and environmental restoration efforts. The House of Representatives passed its version of H.R. 2864 in July 2005. While there is still a controversy on Corps Reform language and the proposed peer review process, many stakeholders are optimistic that WRDA could be passed and signed into law this year. The White House has issued a statement of policy expressing concern that the level of local Corps projects in the bills is too expensive. Conference negotiations between the House and the Senate are expected to begin in early September, with a targeted completion date for the legislation by September 29th.
Many towns and townships are directly involved or affected by water resource projects on their local rivers, lakes, coasts, canals, reservoirs, and wetlands. NATaT supports the passage of WRDA legislation that is badly needed to support local water resource improvements and projects. WRDA legislation should include improvements to the Corps planning process to reduce delays in Corps projects, fair cost-share methodologies for local project sponsors, and broadened Corps authorities to support local waterfront revitalization.
Farm Bill
Field hearings on the new farm bill, which is scheduled for reauthorization in 2007, have begun. The Senate Agriculture, Nutrition and Forestry Committee has held hearings in Georgia, Missouri, Pennsylvania, and Iowa, with planned hearings in Oregon, Nebraska, Montana, and Texas. Formal or informal comments can be made on the new farm bill by visiting http://agriculture.senate.gov/ag/feedback.cfm. The Committee asks: “What works?” and “What could work better for the next Farm Bill?”
The definition of “rural” is fluid. It varies among the federal programs from populations of 2,500 to 50,000. The 2007 Farm Bill will be an important vehicle to improve rural economic development. As the voice of America’s towns and townships, NATaT can provide invaluable input on the rural development title in the 2007 Farm Bill, and continue to encourage appropriators to fund these important economic development programs each year.
Justice
Commerce, Justice, Science (CJS) Appropriations
On July 13th, the Senate Appropriations Committee marked up its FY 2007 Commerce, Justice, Science (CJS) and Related Agencies Appropriations bill. The Senate Appropriations Committee rejected the White House’s request to reduce federal assistance for state and local law enforcement agencies.
The Senate bill provides approximately $22 billion for the Department of Justice, including $2 billion for state and local law enforcement assistance, $555 million for the Edward Byrne Justice Assistance Program, and $537.6 million for the Community Oriented Policing Services (COPS) program.
The Senate will likely vote on its FY 2007 CJS Appropriations bill in September, with a House-Senate conference to occur after the November elections.
The justice grant programs remain an important source of funding for towns and townships who need support for law enforcement equipment, technology, training, anti-drug and anti-gang assistance, and other local law enforcement activities. NATaT strongly supports the continuation of these programs that meet critical small community needs.
The Second Chance Act
On July 26th, the House Judiciary Committee approved a measure that would authorize funding for programs aimed at reducing recidivism rates of criminals newly released from prison. The Second Chance Act (H.R. 1704) would authorize $40 million in FY 2007 for grants and would enlist public and non-profit organizations to provide newly released prisoners with drug treatment, mentors, job training, and housing. Additionally, H.R. 1704 calls for improved residential drug treatment programs and follow-up care, expanded family-based treatment centers, and would amend drug-free student loan guidelines so that only drug offenses committed while a student is receiving federal aid would result in the loss of aid.
With its strong bipartisan support, H.R. 1704 is expected to pass the House sometime in September. Its companion bill, S. 1934, was referred to the Senate Judiciary Committee last October. At this time no mark up of S. 1934 is scheduled, but this measure is supported by a bipartisan group that includes Judiciary Chairman Arlen Specter (R-PA), and Senators Joseph Biden (D-DE) and Sam Brownback (R-KS).
The “NATaT Washington Report” is a monthly e-mail newsletter that provides timely information to town and township officials on the legislative, regulatory, funding, and policy decisions in Washington that could affect your communities. The Washington Report focuses on NATaT’s primary issues including federal domestic funding, telecommunications, and local first responders, as well as a variety of other important federal issues. The Washington Report is produced by NATaT’s federal representative in Washington, The Ferguson Group. For more information on the legislation described in this report, see http://thomas.loc.gov/ or contact The Ferguson Group. Contact NATaT federal director Jennifer Imo at 866.830.0008 or jimo@tfgnet.com for more information.
The August 2006 Washington Report Contains Summaries of the Following Issues:
- Telecommunications
- Appropriations and Budget
- Housing and Urban Development
- Transportation
- Homeland Security
- Public Service Volunteers
And Other Federal Issues of Note:
- Eminent Domain: Regulatory Takings
- Environment and Natural Resources
- Farm Bill
- Justice
Telecommunications
On June 28th, the Senate Commerce, Science and Transportation Committee approved its version of the telecommunications bill. The House passed its much narrower version of the bill in early June.
Floor time for the Senate bill has not yet been scheduled and will not occur until the 60 votes needed to overcome any “holds” placed on the bill are obtained.
Key members of the Senate Commerce, Science and Transportation Committee have advised The Ferguson Group that the pending federal telecom overhaul legislation is highly unlikely to advance in the remaining days of the 109th Congress, meaning Congress would have to deal with this issue in the 110th Congress.
Local government organizations and associations are united in their opposition to this version of proposed telecommunications reform, because it does not contain adequate provisions ensuring that local governments will maintain full control over their local rights of way, and maintain their long-standing local franchise authority to derive appropriate revenue and other benefits from telecommunications companies operating in their communities. Small towns and townships have the additional concern that this proposed law does not require build-out of telecommunications infrastructure in rural, small, and under-served communities. NATaT joins with the U.S. Conference of Mayors, the National League of Cities and other organizations in calling for major improvements to this proposed act before it moves forward.
Appropriations and Budget
The House of Representatives passed all but one of the annual spending measures before its month-long August recess, which began on July 31st. Passage of the Labor, Health and Human Services, Education Appropriations bill is stalled in part due to a minimum wage amendment tacked on by House appropriators. House Majority Leader John A. Boehner (R-OH) has said that he would not promise a vote before the November elections.
The Senate passed its version of the Homeland Security Appropriations bill, and may take up its version of the Defense Appropriations bill before it adjourns for recess on August 4th. Congressional Appropriations staff surmise that only Defense and Homeland Security will be conferenced and signed into law before the November elections. With Congress failing to pass all of its spending measures before the October 1st start of the fiscal year, Congress will have to pass a stopgap funding measure to extend funding for the remainder of the government past the November elections. Leadership in both the House and Senate have indicated that it could take the remainder of the calendar year to complete FY 2007 appropriations legislation, and that several bills could potentially be consolidated into an “omnibus consolidated appropriations” bill in order to complete the process.
These federal appropriations bills include funding for hundreds of domestic programs that support agriculture, rural development, small business, economic development, public safety and criminal justice, education, energy, water resources, environmental protection, health and human services, housing, community development, job training, transportation infrastructure, and other issues that are vitally important to town governments. Nearly 100 programs are “earmarked” for projects in local communities. The federal budget is under substantial pressure, and many domestic funding programs have been proposed for elimination by the President and some congressional members. Copies of current drafts of federal appropriations bills can be viewed at http://thomas.loc.gov/home/approp/app07.html.
Housing and Urban Development
On July 20th, the Senate Appropriations Committee marked up its version of the FY 2007 Transportation, Treasury, Judiciary, Housing and Urban Development and Related Agencies Appropriations (TTHUD) bill. In contrast to the House passed bill, the Senate increased FY 2007 public housing and community development funding and addressed major flaws in HUD’s asset management plan.
Although the Administration had proposed to cut the Community Development Block Grant Program (CDBG) by $1.2 billion, the Senate provided $4.2 billion, with $4.1 billion allocated to CDBG formula grants. The Committee also increased formula funding approximately $30 million over the FY 2006 formula funding level of $3.8 billion. In June, the House appropriated $4.2 billion for CDBG overall, with $3.9 billion allocated to formula grants.
The Senate provided $1.9 billion for the HOME Investment Partnerships Program, with $25 million for the American Dream Down Payment Initiative (ADDI) that provides low-income first-time homebuyers with down payment assistance. The House also provided $1.9 billion for HOME, with $24.7 million for ADDI. In FY 2006, HOME received $1.8 billion overall, with ADDI receiving $25 million. Additionally, the Senate bill provides $1.5 billion for homeless assistance grants. The House also provided $1.5 billion; an increase of $200 million above last year’s enacted funding level of $1.3 billion. The HOPE VI public housing program was funded by the Senate Appropriations Committee at $100 million, while the House provided $30 million. Both the House and Senate provide increases above the FY 2006 enacted levels for programs to provide housing to the elderly, persons with disabilities, and persons with AIDS.
The Senate measure addresses flaws in HUD’s asset management plan with language that would prevent HUD from placing restrictions on the usage of public housing capital funds and favorably address issues concerning the new operating fund formula and its impact on Housing Authorities. The Senate will take up its FY 2007 TTHUD bill on the floor after the August recess.
Towns and townships generally do not receive an entitlement to annual CDBG funding for economic development projects. NATaT encourages localities to review the criteria of the proposed CDBG Reform Act and to consider what type of block grant criteria could maximize CDBG funding to small communities experiencing distress and need. The proposal is at http://www.hud.gov/content/releases/2006-05-25cdbg.cfm.
Transportation
On July 20th, the Senate Appropriations Committee approved its version of the FY 2007 appropriations bill for the Department of Transportation and other agencies. The bill fully funds the spending levels for surface transportation spending programs set forth in the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). Specifically, H.R. 5576 contains $67.8 billion in total gross budgetary resources for the Department of Transportation for FY 2007. This figure is $400 million more than the House passed bill and $1.2 billion more than last year’s spending bill.
Funding for rural roads and bridges is critical to most NATaT communities. NATaT calls on Congress to provide adequate funding both for projects authorized in SAFETEA-LU, but also for other local transportation projects that are needed for public safety and economic vitality in America’s towns and townships.
Homeland Security
Homeland Security Appropriations
The FY 2007 Homeland Security Appropriations bill could potentially become the first FY 2007 appropriations bill to be passed by Congress before the November elections. The Senate approved its bill on July 13th. The House and Senate are not far apart on program funding levels or major policy, which should make for a quick conference.
Interoperable Communications Legislation
On July 25th, the House passed H.R. 5852, the 21st Century Emergency Communications Act. The bill would create an emergency communications office at the Department of Homeland Security (DHS) to oversee national improvements in radio interoperability for First Responders. H.R. 5852 would authorize by statute the SAFECOM program, which provides funding for interoperable communication equipment. It would also give DHS the power to deny the use of homeland security grants for interoperability efforts if state and local governments do not submit proper plans or do not meet voluntary equipment standards. During floor debate, many Members complained that the bill would be ineffective if Congress does not adequately fund the programs it authorizes.
The Senate is expected to mark up a separate bill that would enact a host of emergency response overhauls, including the creation of a new emergency communications office.
Towns need interoperable telecommunications equipment so that first responders, including police, fire and emergency services personnel can communicate effectively with each other as they protect public safety. However, major federal funding support should be provided for this expense, particularly if Congress plans to impose more mandates on localities for the implementation of interoperability plans and requirements. NATaT supports approaches that provide additional grant funding to all communities, including small towns, for these needs.
Federal Emergency Management Agency (FEMA) Overhaul
The House of Representatives continues its stalemate over the scope of efforts to reform the Federal Emergency Management Agency (FEMA). House Transportation and Infrastructure Chairman Don Young (R-AK) and Homeland Security Subcommittee on Emergency Preparedness Chairman David Reichert (R-WA) continue to resolve differences in their respective FEMA reform bills. House leadership did signal that Chairman Young’s bill would be the primary vehicle for reform, but Chairman Reichert has been working with him to include as many provisions from his bill as possible. In the Senate, Homeland Security and Government Affairs Committee Chair Susan Collins (R-ME) and Ranking Member Joseph Lieberman (D-CT) continue to seek support from additional Senators on their own version of FEMA reform. Their bill takes a similar approach to Chairman Reichert’s bill, and would create an Emergency Management Authority with independent, autonomous status in DHS, similar to the way the Coast Guard is structured. Senate Majority Leader Bill Frist (R-TN) has told Chairman Collins and Ranking Member Lieberman that he would not schedule floor time for their bill unless they would secure commitments from at least 60 Senators, to assure quick passage.
Towns and townships continue to have major needs for emergency preparedness and first responders, particularly with respect to local firefighting and infrastructure security needs. NATaT urges Congress to maintain adequate funding for local firefighting and first responder grants, and to direct the Department of Homeland Security to provide such grants in a manner that recognizes the real needs of small communities struggling with local first responder capacity issues.
Public Service Volunteers
Supporting Emergency Responders Volunteer Efforts Act of 2005 or the SERVE Act of 2005
In early 2005, Representative Maurice Hinchey (D-NY) and Senator Charles Schumer (D-NY) each introduced the Supporting Emergency Responders Volunteer Efforts Act of 2005 or the SERVE Act of 2005 (H.R. 934/S. 625). With bipartisan support, the bill would amend the Internal Revenue Code of 1986 to allow a $1,000 refundable credit for individuals who are bona fide volunteer members of volunteer firefighting and emergency medical service organizations. H.R. 934 also prorates the credit for part-year active members. This $1,000 annual tax credit for active members would serve as an important recruitment and retention tool.
H.R. 934 is pending before the House Ways and Means Committee, while S. 625 is pending before the Senate Finance Committee. This measure will not likely pass this year, but may be reintroduced in the 110th Congress.
H.R. 5607, Volunteer Firefighter and Emergency Medical Service Incentive Act of 2006
On June 14th, Representative Randy Kuhl (R-NY) introduced the Volunteer Firefighter and Emergency Medical Service Incentive Act of 2006 (H.R. 5607). (Representative Kuhl is also a co-sponsor of the SERVE Act detailed above.) The bill allows for a $2,000 refundable federal tax credit for individuals who are active members of volunteer fire departments and emergency medical service organizations. The tax credit will help localities retain volunteers while providing an incentive for recruiting future volunteers. In order to be eligible for the credit, an individual must be an active member of a qualified volunteer fire department at all times during the taxable year.
Currently, this legislation has no cosponsors and is pending before the House Ways and Means Committee.
H.R. 5355, Volunteer Firefighter Recruitment and Retention Act of 2006
On May 11th, Representative Melissa Hart (R-PA) introduced the Volunteer Firefighter Recruitment and Retention Act of 2006 (H.R. 5355). The legislation amends the Internal Revenue Code of 1986 to allow volunteer firefighters with eight or more years of service to receive a $1,500 tax credit. A volunteer who has completed three or more years of service will receive a $1,000 tax credit.
This legislation is pending before the House Ways and Means Committee and has no cosponsors.
Volunteer firefighters are integral to public safety in towns and townships. NATaT strongly supports these proposed laws, introduced by congressional members from NATaT member states, that would provide appropriate incentives and protections for the men and women who volunteer to serve their local communities through volunteer fire companies.
OTHER FEDERAL ISSUES OF NOTE:
Eminent Domain: Regulatory Takings
On July 12th, the House Judiciary Committee passed H.R. 4772, Private Property Rights Implementation Act of 2005. This bill makes both substantive and procedural changes in the current takings law.
Procedurally, the bill allows landowners to challenge government attempts to take their property under eminent domain in federal court, bypassing state courts, as well as state procedures for awarding compensation in appropriate cases. The bill would also allow developers to challenge local and state governments in federal court over any adverse “definitive” decisions or conditions they impose on a proposed development.
Substantively, the bill includes a section for clarification of various requirements for establishing constitutional violations. For example, the bill redefines the parcel-as-whole rule under which courts analyze the owner’s entire property in certain takings cases. The bill states that each “lot” in a subdivision is the only relevant parcel for takings purposes if the lot is treated as an “individual property unit” under state law. However, in many cases, multiple lots are considered a parcel for takings purposes. The bill also changes the test that courts use evaluating substantive due process challenges concerning property rights disputes. The proposed test substantially lowers the bar.
Disputes involving local planning issues should be resolved at the local level, and if not resolved locally, should be handled in state courts. Enactment of H.R. 4772 would impose a major new, unfunded financial burden on local governments, both in terms of added litigation expenses and potential damages awards. By both expanding the scope of municipal liability and creating many new questions about the extent of local government liability, the bill would significantly interfere with local officials’ ability to deal with local land use and serve their communities. (In 1998 and 2000, NATaT wrote letters of opposition to similar bills.)
Environment and Natural Resources
Water Resources Development Act
On July 19th, the Senate passed its version of H.R. 2864, the Water Resources Development Act (WRDA). The chamber passed the House bill after inserting substitute text based on the Senate’s WRDA bill, S. 728. The Senate-passed version of H.R. 2864 includes hundreds of authorizations for Corps projects, including flood protection, navigation and environmental restoration efforts. The House of Representatives passed its version of H.R. 2864 in July 2005. While there is still a controversy on Corps Reform language and the proposed peer review process, many stakeholders are optimistic that WRDA could be passed and signed into law this year. The White House has issued a statement of policy expressing concern that the level of local Corps projects in the bills is too expensive. Conference negotiations between the House and the Senate are expected to begin in early September, with a targeted completion date for the legislation by September 29th.
Many towns and townships are directly involved or affected by water resource projects on their local rivers, lakes, coasts, canals, reservoirs, and wetlands. NATaT supports the passage of WRDA legislation that is badly needed to support local water resource improvements and projects. WRDA legislation should include improvements to the Corps planning process to reduce delays in Corps projects, fair cost-share methodologies for local project sponsors, and broadened Corps authorities to support local waterfront revitalization.
Farm Bill
Field hearings on the new farm bill, which is scheduled for reauthorization in 2007, have begun. The Senate Agriculture, Nutrition and Forestry Committee has held hearings in Georgia, Missouri, Pennsylvania, and Iowa, with planned hearings in Oregon, Nebraska, Montana, and Texas. Formal or informal comments can be made on the new farm bill by visiting http://agriculture.senate.gov/ag/feedback.cfm. The Committee asks: “What works?” and “What could work better for the next Farm Bill?”
The definition of “rural” is fluid. It varies among the federal programs from populations of 2,500 to 50,000. The 2007 Farm Bill will be an important vehicle to improve rural economic development. As the voice of America’s towns and townships, NATaT can provide invaluable input on the rural development title in the 2007 Farm Bill, and continue to encourage appropriators to fund these important economic development programs each year.
Justice
Commerce, Justice, Science (CJS) Appropriations
On July 13th, the Senate Appropriations Committee marked up its FY 2007 Commerce, Justice, Science (CJS) and Related Agencies Appropriations bill. The Senate Appropriations Committee rejected the White House’s request to reduce federal assistance for state and local law enforcement agencies.
The Senate bill provides approximately $22 billion for the Department of Justice, including $2 billion for state and local law enforcement assistance, $555 million for the Edward Byrne Justice Assistance Program, and $537.6 million for the Community Oriented Policing Services (COPS) program.
The Senate will likely vote on its FY 2007 CJS Appropriations bill in September, with a House-Senate conference to occur after the November elections.
The justice grant programs remain an important source of funding for towns and townships who need support for law enforcement equipment, technology, training, anti-drug and anti-gang assistance, and other local law enforcement activities. NATaT strongly supports the continuation of these programs that meet critical small community needs.
The Second Chance Act
On July 26th, the House Judiciary Committee approved a measure that would authorize funding for programs aimed at reducing recidivism rates of criminals newly released from prison. The Second Chance Act (H.R. 1704) would authorize $40 million in FY 2007 for grants and would enlist public and non-profit organizations to provide newly released prisoners with drug treatment, mentors, job training, and housing. Additionally, H.R. 1704 calls for improved residential drug treatment programs and follow-up care, expanded family-based treatment centers, and would amend drug-free student loan guidelines so that only drug offenses committed while a student is receiving federal aid would result in the loss of aid.
With its strong bipartisan support, H.R. 1704 is expected to pass the House sometime in September. Its companion bill, S. 1934, was referred to the Senate Judiciary Committee last October. At this time no mark up of S. 1934 is scheduled, but this measure is supported by a bipartisan group that includes Judiciary Chairman Arlen Specter (R-PA), and Senators Joseph Biden (D-DE) and Sam Brownback (R-KS).
This page last updated on 10/5/2006.
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